COAKY HOLDS THAT SUBROGEE IS BOUND BY SAME STATUTE OF LIMITATIONS AS INJURED PARTY/SUBROGOR IN PERSONAL INJURY (PRODUCTS LIABILITY) ACTION
COAKY HOLDS THAT S UBROGEE IS BOUND BY SAME STATUTE OF LIMITATIONS AS INJURED PARTY/SUBROGOR IN PERSONAL INJURY (PRODUCTS LIABILITY) ACTION
By David Kramer | firstname.lastname@example.org
In Bridgefield Cas. Ins. Co. v. Yamaha Motor Mfg. Corp. of America, 385 S.W.3d 430 (Ky. App. 2012), the Kentucky Court of Appeals held that a workers’ compensation insurance carrier having a subrogation interest for benefits paid for injuries to an injured claimant allegedly caused by a defective product is bound by the same statute of limitations as the injured claimant. The Court held the limitations period was not extended under the discovery rule because the injury and its relationship to use of the product (an all-terrain vehicle) were immediately apparent to the insurer. The Court also upheld the trial court’s dismissal of a Uniform Commercial Code (UCC) breach of warranty claim by the subrogee against the manufacturer since the UCC warranty claim required that privity exist between the claimant and the defendant, which was not present here.
David Kramer is a Northern Kentucky attorney practicing at Dressman Benzinger LaVelle psc.